Immigration Bill (HL Bill 96)

(a) the person is to be treated for the purposes of this Part as if
the person had been granted leave to enter the United
Kingdom, but

(b) any condition as to the person’s work in the United Kingdom
5to which the person’s immigration bail is subject is to be
treated for those purposes as a condition of leave.

(3) For the purposes of this section a person is subject to immigration
control if under the Immigration Act 1971 the person requires leave
to enter or remain in the United Kingdom.

(4) 10For the purposes of this section a person carries on a licensable
activity if the person—

(a) operates a taxi service, or

(b) drives a taxi.

56B Immigration offences and immigration penalties

(1) 15In this Act “immigration offence” means—

(a) an offence under any of the Immigration Acts,

(b) an offence under Article 3 of the Criminal Attempts and
Conspiracy (Northern Ireland) Order 1983 (SI 1982/1120 (NI
13)) of attempting to commit an offence within paragraph (a),
20or

(c) an offence under Article 9 of that Order of conspiracy to
commit an offence within paragraph (a).

(2) In this Act “immigration penalty” means a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act
252006 (“the 2006 Act”), or

(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).

(3) For the purposes of this Act a person to whom a penalty notice under
section 15 of the 2006 Act has been given is not to be treated as having
been required to pay an immigration penalty if—

(a) 30the person is excused payment by virtue of section 15(3) of
that Act, or

(b) the penalty is cancelled by virtue of section 16 or 17 of that
Act.

(4) For the purposes of this Act a person to whom a penalty notice under
35section 15 of the 2006 Act has been given is not to be treated as having
been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 16 of
that Act has expired and the Secretary of State has considered
any notice given within that period, and

(b) 40if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(5) For the purposes of this Act a person to whom a penalty notice under
45section 23 of the 2014 Act has been given is not to be treated as having
been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 24 of that
Act, or

(b) the penalty is cancelled by virtue of section 29 or 30 of that
Act.

(6) For the purposes of this Act a person to whom a penalty notice under
section 23 of the 2014 Act has been given is not to be treated as having
5been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 29 of
that Act has expired and the Secretary of State has considered
any notice given within that period, and

(b) if a notice of objection was given within that period, the
10period for appealing under section 30 of that Act has expired
and any appeal brought within that period has been finally
determined, abandoned or withdrawn.”

Transitional provision

54 (1) Subject to sub-paragraph (2), an amendment made by any of paragraphs 3,
154, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in
relation to an application for a licence made before the coming into force of
that paragraph or a licence granted in response to such an application.

(2) Sub-paragraph (1) does not prevent an amendment made by any of those
paragraphs from applying in relation to—

(a) 20an application for the renewal of a licence where that licence was
granted before the coming into force of that paragraph, or

(b) a licence renewed in response to such an application.

55 (1) Subject to sub-paragraphs (2) and (3), an amendment made by any of
paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence
25granted before or after the coming into force of that paragraph.

(2) An amendment made by any of those paragraphs applies in relation to a
conviction for an immigration offence only if the person in question has been
convicted of that offence after the coming into force of that paragraph in
respect of the person’s conduct after that time.

(3) 30An amendment made by any of those paragraphs applies in relation to a
requirement to pay an immigration penalty only if the person in question
has been required to pay the penalty after the coming into force of that
paragraph in respect of the person’s conduct after that time.

56 (1) Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to
35the licence of a driver of a hackney carriage or private hire vehicle granted
before the coming into force of paragraph 13 as if before the “or” at the end
of paragraph (a) there were inserted—

“(ab) in the case of a refusal to renew a licence, that he is
disqualified by reason of his immigration status from driving
40a hackney carriage or a private hire vehicle;”.

(2) Section 20A(1)(a) of that Act has effect in relation to such a licence as if after
“subsection (1)(aa)” there were inserted “or (ab)”.

(3) Section 20(1) of that Act has effect in relation to an operator’s licence granted
before the coming into force of paragraph 14 as if before the “or” at the end

of paragraph (c) there were inserted—

“(cb) in the case of a refusal to renew a licence, that the operator is
disqualified by reason of the operator’s immigration status
from operating a private hire vehicle;”.

(4) 5Section 20A(1)(b) of that Act has effect in relation to such a licence as if after
“subsection (1)(ca)” there were inserted “or (cb)”.

(5) Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976
has effect in relation to the licence of a driver of a hackney carriage or private
hire vehicle granted before the coming into force of paragraph 24 as if before
10the “or” at the end of paragraph (a) there were inserted—

“(ab) in the case of a refusal to renew a licence, that he is
disqualified by reason of his immigration status from driving
a hackney carriage or a private hire vehicle;”.

(6) Section 62A(1)(a) of that Act has effect in relation to such a licence as if after
15“subsection (1)(aa)” there were inserted “or (ab)”.

(7) Section 62(1) of that Act has effect in relation to an operator’s licence granted
before the coming into force of paragraph 25 as if before the “or” at the end
of paragraph (c) there were inserted—

“(cb) in the case of a refusal to renew a licence, that the operator is
20disqualified by reason of the operator’s immigration status
from operating a private hire vehicle;”.

(8) Section 62A(1)(b) of that Act has effect in relation to such a licence as if after
“subsection (1)(ca)” there were inserted “or (cb)”.

(9) Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act
251982 apply in relation to an application for the renewal of a taxi driver’s or
private hire car driver’s licence granted before the coming into force of
paragraph 30 as they apply in relation to an application for the grant of such
a licence made after that time.

Section 36

SCHEDULE 5 30Illegal working closure notices and illegal working compliance orders

Illegal working closure notices

1 (1) An immigration officer of at least the rank of chief immigration officer may
issue an illegal working closure notice in respect of premises if satisfied on
reasonable grounds that the conditions in sub-paragraphs (3) and (6) are
35met.

(2) An illegal working closure notice is a notice which prohibits, for a period
specified in the notice—

(a) access to the premises other than by a person who habitually lives on
the premises, except where authorised in writing by an immigration
40officer;

(b) paid or voluntary work being performed on the premises, except
where so authorised.

(3) The condition in this sub-paragraph is that an employer operating at the
premises is employing a person over the age of 16 and subject to
immigration control—

(a) who has not been granted leave to enter or remain in the United
5Kingdom, or

(b) whose leave to enter or remain in the United Kingdom—

(i) is invalid,

(ii) has ceased to have effect (whether by reason of curtailment,
revocation, cancellation, passage of time or otherwise), or

(iii) 10is subject to a condition preventing the person from accepting
the employment.

(4) Where a person is on immigration bail within the meaning of Part 1 of
Schedule 9—

(a) the person is to be treated for the purposes of sub-paragraph (3) as if
15the person had been granted leave to enter the United Kingdom, but

(b) any condition as to the person’s work in the United Kingdom to
which the person’s immigration bail is subject is to be treated for
those purposes as a condition of leave.

(5) A person falling within sub-paragraph (3) is referred to in this Schedule as
20an “illegal worker”.

(6) The condition in this sub-paragraph is that the employer, or a connected
person in relation to the employer—

(a) has been convicted of an offence under section 21 of the Immigration,
Asylum and Nationality Act 2006 (“the 2006 Act”),

(b) 25has, during the period of three years ending with the date on which
the illegal working closure notice is issued, been required to pay a
penalty under section 15 of the 2006 Act, or

(c) has at any time been required to pay such a penalty and failed to pay
it.

(7) 30Sub-paragraph (6)(a) does not apply in relation to a conviction which is a
spent conviction for the purposes of the Rehabilitation of Offenders Act 1974
or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/
1908 (N.I. 27)).

(8) For the purposes of sub-paragraph (6)(b) and (c)—

(a) 35a person to whom a penalty notice under section 15 of the 2006 Act
has been given is not to be treated as having been required to pay the
penalty if—

(i) the person is excused payment by virtue of section 15(3) of
that Act, or

(ii) 40the penalty is cancelled by virtue of section 16 or 17 of that
Act;

(b) a person to whom such a notice has been given is not to be treated as
having been required to pay the penalty until such time as—

(i) the period for giving a notice of objection under section 16 of
45the 2006 Act has expired and the Secretary of State has
considered any notice given within that period, and

(ii) if a notice of objection was given within that period, the
period for appealing under section 17 of that Act has expired

and any appeal brought within that period has been finally
determined, abandoned or withdrawn.

(9) For the purposes of sub-paragraph (6), a person is a connected person in
relation to an employer if—

(a) 5where the employer is a body corporate, the person is—

(i) a director, manager or secretary of the body corporate,

(ii) purporting to act as a director, manager or secretary of the
body corporate, or

(iii) if the affairs of the body corporate are managed by its
10members, a member of the body corporate;

(b) where the employer is a partnership (whether or not a limited
partnership), the person is a partner or purporting to act as a partner;

(c) where the employer is an individual, the person is—

(i) a body corporate of which the individual has at any time been
15a director, manager or secretary,

(ii) a body corporate in relation to which the individual has at
any time purported to act as a director, manager or secretary,

(iii) a body corporate whose affairs are managed by its members
and the individual has at any time been a member of the body
20corporate,

(iv) a partnership (whether or not a limited partnership) in which
the individual has at any time been a partner or in relation to
which the individual has at any time purported to act as a
partner.

(10) 25An illegal working closure notice may not be issued if the employer shows
in relation to the employment of each illegal worker that if a penalty notice
were given under section 15 of the 2006 Act the employer would be excused
under subsection (3) of that section from paying the penalty.

(11) An illegal working closure notice may be issued only if reasonable efforts
30have been made to inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has an interest in the premises,

that the notice is going to be issued.

(12) Before issuing an illegal working closure notice the immigration officer must
35ensure that any person the officer thinks appropriate has been consulted.

(13) The Secretary of State may by regulations amend sub-paragraph (1) to
change the rank specified in that sub-paragraph.

2 (1) An illegal working closure notice must—

(a) identify the premises;

(b) 40explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under paragraph 5 for an
illegal working compliance order;

(e) specify when and where the application will be heard;

(f) 45explain the effect of an illegal working compliance order.

(2) The maximum period that may be specified in an illegal working closure
notice is 24 hours unless sub-paragraph (3) applies.

(3) The maximum period is 48 hours if the notice is issued by an immigration
officer of at least the rank of immigration inspector.

(4) In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(5) 5The period specified in an illegal working closure notice to which sub-
paragraph (3) does not apply may be extended by up to 24 hours if an
extension notice is issued by an officer of at least the rank of immigration
inspector.

(6) An extension notice is a notice which—

(a) 10identifies the illegal working closure notice to which it relates, and

(b) specifies the period of the extension.

(7) The Secretary of State may by regulations amend sub-paragraph (3) or sub-
paragraph (5) to change the rank specified in that sub-paragraph.

Cancellation of illegal working closure notices

3 (1) 15An immigration officer may by the issue of a cancellation notice cancel an
illegal working closure notice if—

(a) the immigration officer considers that the condition in paragraph
1(3) or (6) is not met, or

(b) the employer shows in relation to the employment of each illegal
20worker that if a penalty notice were given under section 15 of the
2006 Act the employer would be excused under subsection (3) of that
section from paying the penalty.

(2) A cancellation notice may be issued only—

(a) by an immigration officer of at least the rank of the immigration
25officer who issued the illegal working closure notice, or

(b) where the illegal working closure notice has been extended by an
extension notice, by an immigration officer of at least the rank of the
immigration officer who issued the extension notice.

Service of notices

4 (1) 30A notice under paragraph 1, 2 or 3 must be served by an immigration officer.

(2) The immigration officer must if possible—

(a) fix a copy of the notice to at least one prominent place on the
premises,

(b) fix a copy of the notice to each normal means of access to the
35premises,

(c) fix a copy of the notice to any outbuildings that appear to the
immigration officer to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the
immigration officer to have control of or responsibility for the
40premises,

(e) give a copy of the notice to the people who live on the premises and
to any person who does not live there but was informed (under
paragraph 1(11)) that the notice was going to be issued.

(3) If the immigration officer reasonably believes, at the time of serving the
45notice, that there are persons occupying another part of the building or other

structure in which the premises are situated whose access to that part will be
impeded if an illegal working compliance order is made under paragraph 5,
the immigration officer must also if possible serve the notice on those
persons.

(4) 5The immigration officer may enter any premises, using reasonable force if
necessary, for the purposes of complying with sub-paragraph (2)(a).

Illegal working compliance orders

5 (1) Whenever an illegal working closure notice is issued an application must be
made to the court for an illegal working compliance order (unless the notice
10has been cancelled under paragraph 3).

(2) An application for an illegal working compliance order must be made by an
immigration officer.

(3) The application must be heard by the court not later than 48 hours after
service of the illegal working closure notice.

(4) 15In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(5) The court may make an illegal working compliance order in respect of
premises if it is satisfied, on the balance of probabilities—

(a) that the conditions in paragraph 1(3) and (6) are met, and

(b) 20that it is necessary to make the illegal working compliance order to
prevent an employer operating at the premises from employing an
illegal worker.

(6) An illegal working compliance order may—

(a) prohibit or restrict access to the premises;

(b) 25require a person specified in the order to carry out, at such times as
may be so specified, such checks relating to the right to work as may
be prescribed by the Secretary of State in regulations;

(c) require a person specified in the order to produce to an immigration
officer, at such times and such places as may be so specified, such
30documents relating to the right to work as may be prescribed by the
Secretary of State in regulations;

(d) specify the times at which and the circumstances in which an
immigration officer may enter the premises to carry out such
investigations or inspections as may be specified in the order;

(e) 35make such other provision as the court considers appropriate.

(7) Different provisions in an illegal working compliance order may have effect
for different periods.

(8) The maximum period for which an illegal working compliance order or any
provision in it may have effect is 12 months.

(9) 40Provision included in an illegal working compliance order which prohibits
or restricts access may make such provision—

(a) in relation to all persons, all persons except those specified, or all
persons except those of a specified description;

(b) having effect at all times, or at all times except those specified;

(c) having effect in all circumstances, or in all circumstances except
those specified.

(10) An illegal working compliance order, or any provision of it, may—

(a) be made in respect of the whole or any part of the premises;

(b) 5include provision about access to a part of the building or structure
of which the premises form part.

(11) The court must notify the relevant licensing authority if it makes an illegal
working compliance order in relation to premises in England and Wales in
respect of which a premises licence is in force.

10Illegal working compliance orders: adjournment of hearing

6 (1) This paragraph applies where an application has been made under
paragraph 5 for an illegal working compliance order.

(2) The court may adjourn the hearing of the application for a period of not
more than 14 days to enable any person who has an interest in the premises
15to show why an illegal working compliance order should not be made.

(3) If the court adjourns the hearing it may order that the illegal working closure
notice continues in force until the end of the period of adjournment.

Extension of illegal working compliance orders

7 (1) An immigration officer may apply to the court for an extension (or further
20extension) of the period for which any provision of an illegal working
compliance order is in force.

(2) The court may grant an application under this paragraph only if it is
satisfied, on the balance of probabilities, that it is necessary to grant it to
prevent an employer operating at the premises from employing an illegal
25worker.

(3) Where an application is made under this section, the court may issue a
summons directed to—

(a) any person on whom the illegal working closure notice was served
under paragraph 4, or

(b) 30any other person who appears to the court to have an interest in the
premises,

requiring the person to appear before the court to respond to the application.

(4) If a summons is issued, a notice stating the date, time and place of the
hearing of the application must be served on the persons to whom the
35summons is directed.

(5) No application may be granted under this paragraph such that an illegal
working compliance order, or any provision in it—

(a) is extended for a period exceeding 6 months, or

(b) is in force for a period exceeding 24 months in total.

40Variation or discharge of illegal working compliance orders

8 (1) An application may be made to the court under this paragraph—

(a) by an immigration officer for an illegal working compliance order to
be varied or discharged,

(b) by a person on whom the illegal working closure notice was served
under paragraph 4, or by any other person who has an interest in the
5premises, for an illegal working compliance order to be varied or
discharged.

(2) Where an application is made under this paragraph, the court may issue a
summons directed to—

(a) an immigration officer,

(b) 10any person on whom the illegal working closure notice was served
under paragraph 4, or

(c) any other person who appears to the court to have an interest in the
premises,

requiring the person to appear before the court to respond to the application.

(3) 15If a summons is issued, a notice stating the date, time and place of the
hearing of the application must be served on the persons to whom the
summons is directed.

(4) The court may not discharge an illegal working compliance order unless it
is satisfied, on the balance of probabilities, that it is no longer necessary to
20prevent an employer operating at the premises from employing an illegal
worker.

Notice and orders: appeals

9 (1) An appeal against a decision—

(a) to make, extend or vary an illegal working compliance order;

(b) 25not to discharge an illegal working compliance order;

(c) to order that an illegal working closure notice continues in force,

may be made by a person on whom the illegal working closure notice was
served under paragraph 4, or any other person who has an interest in the
premises.

(2) 30An appeal against a decision—

(a) not to make an illegal working compliance order;

(b) not to extend a provision of an illegal working compliance order, or
not to vary such an order, made on the application of an immigration
officer;

(c) 35to vary or discharge an illegal working compliance order;

(d) not to order that an illegal working closure notice continues in force,

may be made by an immigration officer.

(3) An appeal under this paragraph—

(a) if it is in relation to premises in England and Wales or Northern
40Ireland, is to the Crown Court,

(b) if it is in relation to premises in Scotland, is to the sheriff appeal court.

(4) An appeal under this paragraph must be made within the period of 21 days
beginning with the date of the decision to which it relates.

(5) On an appeal under this paragraph the court may make whatever order it
45thinks appropriate.

(6) The court must notify the relevant licensing authority if it makes an illegal
working compliance order in relation to premises in England and Wales in
respect of which a premises licence is in force.

Notices and orders: enforcement

10 (1) 5Where access to premises is prohibited or restricted by virtue of an illegal
working closure notice or an illegal working compliance order an
immigration officer or a constable may enter the premises and do anything
necessary to secure the premises against entry.

(2) A person acting under sub-paragraph (1) may use reasonable force.

(3) 10An immigration officer or a constable, together with any person acting
under that person’s supervision, may also enter such premises to carry out
essential maintenance or repairs.

Notices and orders: offences

11 (1) A person who without reasonable excuse remains on or enters premises in
15contravention of an illegal working closure notice commits an offence.

(2) A person who without reasonable excuse contravenes an illegal working
compliance order commits an offence.

(3) A person who without reasonable excuse obstructs a person acting under
paragraph 4 or paragraph 10 commits an offence.

(4) 20A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 51
weeks, to a fine or to both;

(b) in Scotland, to imprisonment for a term not exceeding 12 months, to
25a fine not exceeding level 5 on the standard scale or to both;

(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding level 5 on the standard scale or to
both.

(5) In relation to an offence committed before section 281(5) of the Criminal
30Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51
weeks is to be read as a reference to 6 months.

Access to other premises

12 (1) Where—

(a) access to premises is prohibited or restricted by a provision of an
35illegal working compliance order,

(b) those premises are part of a building or structure, and

(c) there is another part of that building or structure that is not subject
to the prohibition or restriction,

an occupier or owner of that other part may apply to the court for an order
40under this paragraph.

(2) Notice of an application under this paragraph must be given to—

(a) whatever immigration officer the court thinks appropriate;